Phnom Penh Municipal Court on Wednesday heard the case of union leader Morm Rithy after he expressed disappointment that the court had earlier convened his case in absentia and sentenced him to 18 months in prison.
His charges are in relation to the comments he made, criticizing the arrest of a casino worker during a live broadcast on Facebook two years ago. He urged the court to drop the charges and declare him innocent.
During the hearing which continued on Wednesday, Rithy, who is the president of Cambodian Tourism and Service Workers’ Federation (CTSWF) and vice president of Cambodian Labor Confederation (CLC), appealed to the court to release him as he had no intention to look down or discredit the court system in Cambodia.
“Don’t hurt me! I didn’t say anything to disrespect the court. I was speaking to those who did wrong. What I said was in accordance with the law. I ask the judge to pardon me and set me free because my family is very poor. I have sold my house. My wife and children are living in difficult conditions,” Rithy said.
Earlier, judge Thon Darith highlighted the comments Rithy made in the 2022 Facebook livestream, noting that they seemed to urge the “public to lose faith in the judicial system” and which “affected the credibility of the judiciary”.
Rithy was also questioned by prosecutor Phat Sokunthea as to why he, as a union leader who had knowledge of the administrative system, did not use other methods, such as submitting a letter to urge relevant parties to intervene in the case of Morm Sreyleak, the casino worker.
Sokunthea also asked Rithy about his relationship with Sreyleak, and to clarify what he said as there was no clear evidence he was present at the casino incident in 2022.
“Did you know that what you said on Facebook would benefit you, and that what you said affects the court [system]?” Sokunthea said.
However, Rithy immediately replied that he had no malicious intent to harm the court’s honor. He said his comments on Facebook were made to find a solution and to request Preah Sihanouk Provincial Court to release the union member on bail. Based on what he knew and his questioning of those involved in the casino case involving Sreyleak, Rithy explained that the actions against the casino worker were contrary to labor laws.
Rithy said the sharing of opinion, which was during the Covid-19 pandemic, was his right. He expressed his opinion so that the authorities would be aware of the issue of women being unfairly accused.
However, the prosecutor reminded Rithy that while expression of opinion was a right, “if the speech hurts others, it is illegal”.
In conclusion, Sokunthea said Rithy’s comments were construed as defamatory under Article 305 and undermining the court under Article 523 of the Criminal Code. She requested the court to punish Rithy according to the law.
Separately, judge Thon Darith confirmed that the plaintiff, Oeung Dara, withdrew his lawsuit, cancelling his claim of $100,000 compensation from Rithy.
On May 7, 2024, Rithy was arrested by the Boeung Tumpun 2 commune police and charged for “incitement to commit a crime” and for saying that he had ”lost faith in the court’s decision”.
In the court verdict earlier, he is said to have committed the offense via Facebook on February 24, 2022, where he allegedly criticized Jin Bei 2 casino for accusing Morm Sreyleak of “helping” a guest cheat and win about $18,000, and not visit the casino again.
Rithy’s lawyer, Sam Chamroeun, opposed the prosecution’s conclusion, calling it a “shallow assumption”. Chamroeun explained that what Rithy said on Facebook was in accordance with the union law and there was nothing to suggest that his client insulted the court.
“Did my client say something to incite the public to do something, like burn down houses or casinos? No! Because no illegal activity happened after my client spoke. He only asked for a solution. So, I ask the judge to reconsider.”
Yi Soksan, a senior investigator at human rights group ADHOC, said Rithy made the comment regarding the arrest of his union member Morm Sreyleak by the casino, which also detained about 30 Chinese men, to seek a solution.
He felt pity that an action was taken against the woman without clear investigation, Soksan said, adding that it was unfair that social workers were being accused.
He also said that it was not wrong to criticize public officials to ensure they improve. Rithy’s criticism of Preah Sihanouk Provincial Court’s detention of Morm Sreyleak without sufficient evidence was made with good intentions and was a reflection on society, he remarked.
“I think if you are not a public official, no one will criticize. Freedom of expression is the foundation of a democratic country,” Soksan said.
Ath Thorn, founder and former president of the Cambodian Confederation of Labor (CLC), expressed regret at the prosecutor’s decision to continue to press charges against Rithy, even though Rithy had stated his intentions and explained the facts during the trial. Thorn opined that Rithy did not intend to insult the judiciary, and the accusations against Rithy are not based on sufficient evidence.
“The prosecutor is still pushing to convict him, but the judge will make the final decision on the case,” said Ath Thorn.
However, he hopes that when the verdict is announced on December 4, the court will ensure justice for Rithy by dropping the case and releasing him because the latter spoke within the law and with good intentions to find a solution.
Rithy’s wife, Kong Soda, appealed that the charges against her husband be dropped, insisting that her husband did not intend to harm the judiciary, but to find a solution for the casino employees.
Soda also shared that her family was facing challenges without Rithy, who is head of family, as she has to look after their four children by herself.
“I urge the court to release him. He did not do anything wrong or intend to destroy any institution. We really need him as he is the sole breadwinner. Without him, I am raising our four children alone. I cannot cope with this challenge,” said Soda.
